Re-advertisement of FM local commercial radio licence for Bristol (Sam FM) Date of re-advertisement: 10 April 2018 Closing date for applications: 10 July 2018 Contents Section 1. Introduction 1 2. The licensed area 2 3. Assessment of applications 4 4. Other relevant regulatory requirements 9 5. Guidelines and procedures for submission of applications 10 6. The application 12 7. Procedures for decision-making 22 Annex A1. Section 3 of the Communications Act 2003 23 A2. Formats and Key Commitments of existing services 27 A3. Blank Format 28 A4. Licence fees 29 A5. Copyright 30 Re-advertisement of local commercial radio licence for Bristol (Sam FM) 1. Introduction 1.1 Ofcom, in accordance with section 104(1) of the Broadcasting Act 1990, invites applications for a licence to provide an Independent Local Radio (ILR) service on the FM (VHF) waveband covering Bristol and the surrounding area, for a maximum period of 12 years from the commencement of broadcasting. 1.2 The closing-date for the receipt of completed applications will be 3.00 pm on Tuesday 10 July 2018. A fee of £10,000 will be payable for each application submitted. This fee will not be refundable in any circumstances. 1.3 Ofcom welcomes views from the public about the local radio needs of listeners in this area, and the type of programme service required. These should be e-mailed to [email protected], or sent to Broadcast Licensing team, Ofcom, Riverside House, 2a Southwark Bridge Road, London, SE1 9HA. 1 Re-advertisement of local commercial radio licence for Bristol (Sam FM) 2. The licensed area 2.1 This licence is offered for a service designed to cover Bristol and the surrounding area, using a single FM frequency. Applicants should prepare their coverage proposals on this basis. 2.2 The frequency for this service, 106.5 MHz, is presently in operation for the existing Bristol service (Sam FM). If the present transmission parameters were to be used, coverage should be the same as that achieved by the existing licensee. For information, a map showing the measured coverage of the existing service can be found at: http://static.ofcom.org.uk/static/radiolicensing/mcamaps/al000319.pdf 2.3 Transmission arrangements for this licence should have the primary objective of achieving satisfactory coverage of Bristol and the immediately surrounding area. 2.4 Coverage, as defined in the guidance document 'Coverage: Planning Policy, Definitions and Assessment' (which can be viewed at: http://stakeholders.ofcom.org.uk/broadcasting/radio/coverage/pp_def/) will be determined by the successful applicant's choice of transmission site, and the transmission parameters approved. 2.5 As stated above, a single FM frequency has been assigned to this licence, and the transmission parameters currently cleared for it are given below: Transmission site East Dundry National Grid Reference ST 573 665 Total Maximum erp 1kW (500W HP 500W VP – directional antenna) Frequency 106.5 MHz 2.6 Applicants are free to propose alternative transmission sites of their own choosing. However, it should be noted that the submission of an alternative proposal for approval and clearance is a process that may take several months to complete, and that an outcome that is wholly satisfactory to the successful applicant cannot be guaranteed. Ofcom will also need to be satisfied that the transmission proposals meet the requirements of the licence advertised as regards coverage and with respect to outgoing interference. 2.7 Applicants should also note that, generally on FM, there may be localised deficiencies in coverage in certain pockets within the service area, due to terrain or other environmental factors. 2 Re-advertisement of local commercial radio licence for Bristol (Sam FM) 2.8 Applicants should outline their proposals and identify site and transmission parameters. If the use of a directional transmitting aerial is necessary in order to satisfy any of the above requirements, a template showing the radiation constraints which the applicant assumes will apply to the aerial designs must be provided as part of the response to the 'Transmission Proposals' question in the application. Any coverage predictions supplied with the application should take this template into account. 2.9 Applicants should make their own estimates of anticipated population coverage. However, based upon the transmission characteristics of the existing service Sam FM and on 2001 Census data, Ofcom estimates that the licence could achieve coverage of an area with an adult (aged 15+) population of 539,064. 3 Re-advertisement of local commercial radio licence for Bristol (Sam FM) 3. Assessment of applications General statutory requirements 3.1 Under section 85(2)(b) of the Broadcasting Act 1990 as amended, Ofcom is obliged to do all it can to secure the provision within the United Kingdom of a range and diversity of local independent radio services. This applies to all existing analogue local services licensed by Ofcom, and all future services provided on a localised basis, regardless of their scale of coverage, as a result of the advertisement of a "local" licence. 3.2 In carrying out all of its functions, Ofcom is also required to have regard to the general duties set out in section 3 of the Communications Act 2003, which are reproduced in Annex 1 to this Notice. Statutory requirements relating specifically to grant of local licences 3.3 In determining the most suitable applicant for the award of an independent local radio licence, Ofcom is obliged to have regard to the special requirements set out in section 105 of the Broadcasting Act 1990 as amended. These are as follows: a) the ability of each of the applicants for the licence to maintain, throughout the period for which the licence would be in force, the service which he proposes to provide. b) the extent to which any such proposed service would cater for the tastes and interests of persons living in the area or locality for which the service would be provided, and, where it is proposed to cater for any particular tastes and interests of such persons, the extent to which the service would cater for those tastes and interests. c) the extent to which any such proposed service would broaden the range of programmes available by way of local services to persons living in the area or locality for which it would be provided, and, in particular, the extent to which the service would cater for tastes and interests different from those already catered for by local services provided for that area or locality; and d) the extent to which there is evidence that, amongst persons living in that area or locality, there is a demand for, or support for, the provision of the proposed service. 3.4 The legislation does not rate these requirements in order of priority, but it may be that Ofcom will regard one or more of these criteria as being particularly important in view of the characteristics of the licence to be awarded and the applications for it. For example, for licence areas in which there already exists a sizeable number and range of local commercial radio services, criterion (c) is likely to be considered of particular importance. For licences 4 Re-advertisement of local commercial radio licence for Bristol (Sam FM) which offer relatively small population coverage, criterion (a) is likely to be considered of particular importance. For licences which serve an area which is not the sole editorial focus of any existing service, criterion (c) is likely to be considered more important in relation to an applicant's proposals for speech content than in relation to its music proposals, and less significant overall than criterion (b). In respect of criterion (d), Ofcom is likely to attach greater weight to robust and meaningful evidence of demand as demonstrated by findings from research undertaken in the licence area and, if appropriate, detailed analysis of the existing market, than to evidence of local support as demonstrated by letters from potential listeners and/or advertisers. This guidance is subject to Ofcom's discretion, as Ofcom cannot restrict in advance the way in which it will exercise its discretion in any particular case. As stated above, Ofcom will always consider each of the four statutory criteria when making a licence award. (a) Ability to maintain the proposed service 3.5 In fulfilling its statutory obligations under section 105(a) of the 1990 Act, Ofcom needs to satisfy itself that an applicant has access to sufficient financial resources, and appropriate human and technical resources, to maintain the proposed service. More particularly, Ofcom will need to be assured that an applicant has made a well-reasoned calculation of the expected levels of costs and revenue, such that the service is capable of being maintained while delivering its programming Format. The questions set out under this criterion in section 6 of this Notice are designed to enable Ofcom to assess applications in relation to this legislative requirement. (b) and (c) Catering for tastes and interests, and broadening choice 3.6 In pursuit of its duties under sections 105(b) and (c), and also under section 314 of the Communications Act, Ofcom will require applicants to specify the nature of the proposed programme service and the way in which it will be provided. Under section 106(1) of the 1990 Act, Ofcom is required to include conditions in each local licence that are appropriate for securing that the character of the service, as proposed in the application, is maintained. The method by which Ofcom meets this requirement is a Format. The style and typical content of Formats can be scrutinised on the Ofcom website at: http://www.ofcom.org.uk/static/radiolicensing/html/radio-stations/analogue/analogue- main.htm.